Wednesday, May 22, 2024

Is Hip Replacement Considered A Disability

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Symptoms Of A Failed Hip Replacement

Do I Qualify For Social Security Disability Benefits If I’ve Had A Hip Replacement?

While the majority of hip replacements go smoothly, several issues can significantly delay your rehabilitation timeline. How long the pain lasts after surgery, and how long your recovery will be, depends on whether you get an infection or have a fall after the operation and whether there’s a problem with your artificial hip or its placement.

Tips For Receiving Disability For A Hip Replacement

Hip replacements can be a huge source of physical, mental, emotional, and financial strain. Trouble can arise from the thousands of dollars it costs for the procedure itself, to the variety of diagnostic tests required beforehand, to the prolonged healing time most patients need after surgery.

If your hip replacement continues to prevent you from working or living your daily life, then Social Security benefits may be an option for you. Continue below to learn the three best tips for applying for benefits for a hip replacement.

Disability For Osteoarthritis In Canada

Osteoarthritis is a form of arthritis characterized by damage to joint cartilage, bone growth on the edges of joints, and mild tissue inflammation around the joints. The repair process of worn out, overused joints is extremely slow. People over the age of 50 are at a higher risk of this common joint condition.

The physical disability has numerous symptoms affecting the bodys joints, such as:

    • Pain
    • Grating sensation
    • Bone spurs

Osteoarthritis typically afflicts joints in a persons hands, knees, and hips. The condition can be attributed to a variety of factors, including family history, obesity, joint injuries, or the onset of a disease . Depending on the severity of osteoarthritis, effective treatments range from painkillers, assistive devices, physiotherapy, and surgery to restore cartilage to the joints.

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Working With A Disability Attorney

Even if you feel certain youll receive benefits, you never know what will happen until you see results. Regardless of your situation, it may be wise to play it safe and consider consulting with an attorney before you apply.

Not only do most offer free consultations, but the majority are legally required to not take payment unless they help you win your case. For help with filing paperwork, updating the SSA, and potentially building your case in court, there is no better resource than a disability attorney.

What To Expect On The Day Of Surgery

Table 2 from Hip disability and osteoarthritis outcome ...

A hip replacement typically takes about one to two hours.

Despite the different surgical approaches that can be used, the steps of a hip replacement are basically the same.

Regional or general anesthesia is used for this operation.

The surgeon makes their incision using the pre-determined surgical approach and then uses precise instruments to remove the bone and cartilage from the ball-and-socket hip joint. They create surfaces that can accommodate the implant perfectly.

In a total hip replacement, the cup that will serve as the new hip socket is placed first.

Next, the surgeon hollows the end of the femur to place a metal rod that the artificial femoral head is then attached to. The ball is finally placed in the cup.

After any incisions are closed and surgery is complete, you are moved to recovery. Measures will be taken to control pain, minimize swelling, and get you moving safely.

You will stay at the hospital for at least one night .

Some patients may be discharged to a nursing or rehabilitation facility if the surgeon believes they need extra time and help recovering.

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What Does The Ssa Mean By Ambulate Effectively

SSAs regulations contemplate a very specific definition of effectively ambulating or walking. The old SSA listing 1.02B states:

Inability to ambulate effectively means an extreme limitation of the ability to walk i.e., an impairments that interferes very seriously with the individuals ability to independently initiate, sustain, or complete activities. Ineffective ambulation is defined generally as having insufficient lower extremity functioning to permit independent ambulation without the use of a hand-held assistive devices that limits the functioning of both upper extremities.

The regulations goes on to say:

To ambulate effectively, individuals must be capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living. They must have the ability to travel without companion assistance to and from a place of employment or school. Therefore, examples of ineffective ambulation include, but are not limited to:

  • the inability to walk without the use of a walker,
  • two crutches or two canes,
  • inability to walk a block at a reasonable pace on rough or uneven surfaces,
  • the inability to use standard public transportation,
  • unable to carry out routine ambulatory activities, such as shopping and banking,
  • and the inability to climb a few steps at a reasonable pace with the use of a single hand rail.

If You Have Had A Hip Replacement And It Has Prevented You From Working You May Be Eligible For Social Security Disability Benefits

A qualified Social Security Disability attorney can review your case, saving time and improving your chances of approval.

In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.

The first category is the Work Requirements which has two tests.
  • The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
  • The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
  • The second category is the Medical Eligibility Requirement.
  • Are you working? Your disability must be total.
  • Is your medical condition severe? Your disability must be severe enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
  • Is your medical condition on the List of Impairments? The SSA has a List of Impairments that automatically qualify as severe disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
  • Can you do the work you did before? SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
  • Can you do any other type of work? If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.
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    How A Hip Replacement Is Performed

    Before your operation, you will receive either a general anaesthetic or a spinal anaesthetic plus sedation, so you do not have to lie awake and listen to the operation.

    The procedure

    Once you have been anaesthetised, the surgeon removes the existing hip joint completely. The upper part of the femur is removed and the natural socket for the head of the femur is hollowed out.

    A plastic or ceramic socket is fitted into the hollow in the pelvis. A short, angled metal shaft with a smooth ball on its upper end is placed into the hollow of the thigh bone. The plastic cup and the artificial bone head may be pressed into place or fixed with acrylic cement.

    Metal-on-metal hip resurfacing is carried out in a similar way. The main difference is that much less of the bone is removed as only the joint surfaces are replaced with metal inserts.

    Materials used

    Both types of hip replacement surgery use the same sort of prosthetic parts, which can be cemented or uncemented:

    • Cemented parts are secured to healthy bone using a special glue.
    • Uncemented parts are made from permeable material that has many tiny holes. This allows the bone to grow into it, holding it in place.

    Most prosthetic parts are produced using high-density polythene for the socket, titanium alloys for the shaft, and sometimes a separate ball made of an alloy of cobalt, chromium and molybdenum. Some surgeons use ceramic parts, which do not wear as quickly as plastic.

    Choosing your prosthesis

    Your specialist

    Win Your Hip Disability Claim With The Grids

    Disability to Mobility with Total Hip Replacement

    Even if you do not meet a Listing of Impairments, we can still win your claim. Another tool used by Hip Disability Lawyers is the Medical Vocational Guidelines we often call The Grids.

    Think of The Grids as a chart. We simply place your age, educational level, exertional level, and skill level onto the chart. Your exertional or strength level will usually dictate whether you are disabled or not disabled. Consequently, it is of utmost importance that your doctor provide us with an accurate assessment of your strength level. Social Security doctors will often overstate your strength level which will likely result in a denial. We need your doctors to set the record straight in that regard. Experienced Hip Disability Lawyers can send proper questionnaires to your doctors to accurately determine your strength level and win your SSDI claim.

    You can learn more about The Grids on our webpage entitled Use the Grids to Win Your Social Security Disability Claim.

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    Canada Pension Plan Disability Benefits

    The Canada Pension Plan provides monthly payments to people who contribute to the plan during their working years.

    You may be eligible for CPP disability benefits if:

    • you contributed to the CPP for a certain number of years
    • you’re under 65 years old
    • you have a severe and prolonged mental or physical disability
    • your disability prevents you from working on a regular basis

    The benefits include payments to children of a person with a disability.

    Apply as early as possible if you think you’re eligible for CPP disability benefits. Quebec residents may be eligible for a similar program called the Quebec Pension Plan . It may take several months to process your application.

    If you applied for CPP or QPP disability benefits and were told that you’re not eligible, you can ask to have your application reviewed or considered again.

    Once you reach age 65, your CPP disability benefit will automatically change to regular CPP payments. Your regular CPP payments may be less than the CPP disability payments you got before.

    If so, consider:

    When Your Condition Is Fully Stabilised

    To check if your condition is fully stabilised, well look at your medical evidence. Well assess whether your ability to work will get better or stay the same with more treatment or rehabilitation. We consider the next 2 years from when you claim.

    You wont get DSP if we assess that your condition is not fully diagnosed, treated and stabilised.

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    The Reason Why Reconstructive Surgery Was Done Is Not Important

    A loss of function can be the result of bone or joint deformity or destruction from any cause. Social Security defines functional loss as the inability to ambulate effectively on a sustained basis for any reason or inability to perform fine or gross movements effectively on a sustained basis for any reason.

    Recovering After Hip Replacement Surgery

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    Making a full recovery from hip replacement surgery can take up to a year.

    Many people who’ve undergone hip replacement surgery are able to walk out of the hospital the same day. If you have another medical condition that needs monitoring, you might need to stay in the hospital overnight. Some people with more complex surgeries, such as bilateral hip replacement , benefit from starting their recovery in an inpatient unit, which requires a longer stay at the hospital.

    The first step in recovery is getting the surgical wound to heal properly. The small incisions made for hip surgery typically heal in about six weeks. But even if you’ve closely complied with your doctor’s instructions, there is a chance the wound could become infected. Depending on the severity of the infection, this could add weeks or months on to your recovery.

    The second step in recovery is “postoperative” physical therapy. This stage of rehabilitation involves getting used to regular movements and practicing basic daily activities such as getting out of bed or a chair. Then, you will gradually progress to more difficult tasks, such as climbing stairs or walking longer distances. Broadly speaking, in terms of an overall recovery, you can expect to feel mostly back to normal within three months, but a full recovery can take up to a year.

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    How To Apply For Disability Tax Credit For Hip Replacement

    To apply, our experts will assist you in filling out form T2201 where you will need to get your medical practitioner to complete this form. This will ask your doctor to describe how you are impaired by your disability. It is important to be descriptive in this section as a patient can be affected in a variety of ways by Hip Replacement.

    Disability Tax Credit Consultants at DCC can help to +claim this tax credit and collect up to $40,000 in disability tax credits.

    What Does It Mean When My Doctor Assigns Me A Permanent Partial Disability Rating

    After your knee surgery, your doctor should assign you a permanent partial disability rating. The permanent disability rating system uses a complex formula to assign an injured worker a level of impairment. Workers with injuries considered to be severe receive higher disability ratings and are entitled to more benefits than those with lower ratings.

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    Tip #: Continue To Update The Ssa Even After Your Application Has Been Submitted

    Some people assume that the disability benefits application process ends after your application has been submitted. However, especially for applicants with time-reliant disabilities like hip replacements, continuous updates are incredibly important. Because most applicants wait a period of months before hearing a decision on their case, the SSA appreciates additional documentation which can be used to update a file during this time. This also shows dedication on your part and may influence the SSAs decision on your application.

    Looking After Your Knee Replacement

    VA Disability Ratings for Hip Pain and Hip Conditions

    Your new knee will continue to improve for as much as two years after your operation as the scar tissue heals and you exercise your muscles. Youll need to look after yourself and pay attention to any of the following problems:

    Stiffness Sometimes the knee can become very stiff in the weeks after the operation for no obvious reason. Try placing your foot on the first or second step of the stairs, hold on to the banister and lean into your knee. This should help to improve movement and flexibility in your knee. Its very important to continue with the exercises you were working on in the hospital.If the stiffness doesnt improve after about six weeks your surgeon may need to move or manipulate your knee. This will be done under anaesthetic.

    Pain Pain caused by bruising from the operation is normal in the first two months, and youll probably still need to take painkillers at six weeks to help you sleep through the night. You may still have some pain for as long as six months. If you still have pain after this, speak to your physiotherapist or GP.

    Infection You should speak to your GP or hospital if you notice any signs of infection, for example:

    • breakdown of the wound with oozing/pus or sores
    • increased pain
    • redness and the affected area feeling warmer than usual or smelling unpleasant.

    You should also look after your feet see a doctor or podiatrist if you notice any problems such as ingrown toenails that could become infected.

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    Improper Placement Of Or Defect In The Artificial Hip

    Some patients may need follow-up surgeries because their artificial hip was improperly placed or the hip itself was defective. Revision surgeries can be more difficult than initial hip operations.

    Sometimes a surgeon improperly places the artificial hip. In this instance, pain can result from the hardware used in the implant or from bone loss around the implant. Other times the implant loosens on its own, either because of wear and tear, excessive weight, or overloading the joint.

    If the prosthesis itself was defective, or it turns out to be the wrong size, the surgeon might need to replace it.

    Similarly, if you are injured from a fall or accident soon after the hip replacement, the prosthesis may need to be replaced with a new one.

    Signs that you might need the artificial hip replaced include:

    • pain in the hip, groin, or thigh
    • limited mobility
    • trouble walking, or
    • a feeling of looseness or “give” in the hip.

    Often, a failed hip operation will require a surgical “revision” to repair the incorrect placement, the defective prosthesis, or damage to the prosthesis, which will lengthen the time you need for recovery.

    How Do Doctors Rate Disability

    The doctor uses a set of guidelines to establish the workers level of permanent disability. A disability rating is often assigned for certain body partssuch as the arms, legs, hands, feet, eyes, or ears. For example, you might receive a 10% disability of the right arm or a 20% disability of the left foot.

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    Win Your Hip Disability Claim By Meeting Listing 118 For Abnormality Of A Major Joint

    To meet Listing 1.18 Abnormality of a Major Joint, you must meet several requirements. Some of these requirements are listing below:

    • Anatomical abnormality of the affected joints noted on physical exam or imaging,
    • Chronic joint pain and stiffness
    • Abnormal motion, instability, or immobility of affected joints AND

    The listing also requires impairment related physical limitation of musculoskeletal functioning lasting or expected to last for a continuous 12 month period with medical documentation of at least one of the following:

    • Need for a walker, bilateral canes, bilateral crutches, or a wheeled and seated mobility device involving use of both hands or
    • An inability to use one upper extremity to begin or continue work activities involving fine or gross movements and a documented medical need for a one-handed assistive device requiring the use of the other upper extremity or a wheeled and seated mobility device involving the use of one hand or
    • An inability to use both upper extremities to the extent that neither can be used to independently initiate and complete work activities involving fine and gross movements. (note that neither hand can function well enough for work activity.

    In all scenarios above, either your hands cannot function well enough to perform work activities or your hands are occupied with assistive devices that prevent you from performing work activity.

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